Missing Offer Letters in Software Development: How Should We Address This Issue?

Hi seniors,

Need your valuable suggestion,

It's been eight months running working with the organisation and still I have not received my offer letter/appoint letter from the company. I am asking for these basic documents but no response from the management people.

I am not the single person who is suffering with this problem; my other colleagues are also suffering. My company is into software development and out sourcing. I heard that software people have all these documents (offer letter/appointment letter). So what should I do????

Please reply.

Dear Mamta Jena,

It seems that there is no responsible person in your organization for all these; that's why they are not bothered about all these basic things. Go to your immediate (reporting boss) and ask about the basic document. If he avoids the issue, then ask him who is responsible for it. If no one has taken responsibility yet, ask him to implement it because you are HR. Take the responsibility as a pioneer.

Hope it will work.

Regards,

Pankaj Chandan

Thank you for your prompt response, Pankaj. I have asked my immediate boss several times, and we even discussed it with our Managing Director. However, he simply keeps saying, "I will give you those documents before you leave."

Dear Mamtha,

Please remember, these documents are very important for your career. Please talk to the management and keep reminding them about the same. Without these documents, you can't prove your experience!

All the best!

Regards,
Shiv

Please do have a copy of the offered email conversation if you have any! If you're into HR, then prepare the documents to take to your immediate supervisor to get the approval!

Dear Mamta,

Please correct me if I am mistaken. Is your boss saying that he will give you your offer letter/appointment letter before you leave? Is he nuts? I think you might be either too young or relatively new to this field. Don't get me wrong, Mamta, but is this your first job? If yes, then I can understand your dilemma, but if not, then I think you should not have accepted the job without an offer letter initially. Since you mentioned that many others are facing the same issue, I have a gut feeling that you all might not be directly employed by the company and could possibly be managed by external agents, which you might be unaware of. Don't waste your time in such companies. Seek out something better for yourself and focus on the future.

All the best.

Regards

Dear Mamta,

I understand your situation. But could you please provide more clarification? Are you working in the HR department or working as a software professional with that company?

Case 1: If you are in the HR department -

Please prepare a sample appointment letter/offer letter and take a printout. Also, prepare additional policies to accompany those printouts (employment policies) and show them to your Management. Tell them that as an HR professional, you would like to implement them. If they are negative about it, kindly explain that according to the law, such documents are required for audit purposes. Otherwise, the company may face issues in the future.

If they are concerned about employees using the documents to find better job opportunities, assure them that you will also focus on retention and prevent people from leaving. At least the future joiners can receive their offer letter/appointment.

If they insist on giving you the offer/appointment only if you leave, smile and inform them that the likelihood of you leaving in the near future is low (to gain their confidence).

Case 2: If you are a software professional there:

Ask the HR :-) :-D

If there are no options like the above, simply mention that you will need a certificate stating that you have been working there since (specific date) to submit for loan approval. This way, you will have a document confirming your employment.

Convincing owner-driven companies can be challenging. If there is an HR department, follow the first suggestion; otherwise, you must think of an innovative way to obtain the necessary proof. You need to devise a strategy to compel the company to provide you with the documents as there may be no other alternative.

Take care.

Hi Mamata,

Just keep insisting on your demand for an appointment letter and offer letter until they issue it. It appears that your management finds some threat and legal obligation towards accepting your employment. In case you complete five years, you may be eligible for Gratuity.

To avoid the payment of gratuity and PF contribution to your account from the date of your joining, it's easy for the employer to deny you these privileges if you don't have documentary proof to claim such gratuity and PF contributions from your employer.

This is over-smartness on the part of your employer to deprive you of these legal obligations that he is bound to by law.

You cannot prove your claim until you have documentary proof of employment from a particular date to claim gratuity and PF contributions. If your employer is manipulating your PF account by not adding your name to the PF account or making deductions from your salary, it is easy in such cases.

The employer's intention is malicious, and you must take this issue seriously.

Your Friend,

Bhajiya

Dear Mamta,

As you have asked your boss and MD, but they seem indifferent. In this situation, you can take the initiative by preparing a sample appointment letter. Present it to your immediate boss or MD and suggest its implementation, as Asha Mathew advised. However, avoid mentioning your own appointment initially and refrain from preparing your appointment letter first.

For Asha Mathew: Your contributions always exceed expectations – I appreciate reading your suggestions and views; keep up the good work.

Regards,

Pankaj Chandan

"Thanks a lot for your quick response, Pankaj. I have asked my immediate boss several times, and we even discussed it with our MD. However, he only mentions providing the documents before my departure."

Dear Mamta,

As per your message, you mentioned that you are working as an HR Executive in a software development company. Could you please provide details on the staff strength, working hours, any existing HR policies, and whether there is a salary processing system in place including PF/ESI contributions? If you are not familiar with the salary processing procedures, it's possible that these activities have been outsourced. I recommend checking your salary slip for clarification. Additionally, is your organization registered under any specific act? Without this information, it's challenging to provide further insights.

Based on the information provided, it appears that your company is owner-driven and may not have established legal or statutory provisions that we typically discuss in such contexts.

Looking forward to gaining more clarity on these aspects.

Dear Mamta,

I hope at least you are getting your salary slips. Apart from this, if your salary is being paid directly into your bank account or by cheque payment, your bank account statement can serve as documentary evidence in the worst case scenario.

However, I fully agree with the other friends here that you will have to initiate the same.

Regards,
Rahul

Hello Mamata,

Please inform your boss that you require the appointment letter or work experience letter to submit for a home loan purpose. Also, convey to him that if you don't receive it, you may be forced to quit the company. There is no point in working for such companies, and you must be decisive in finding the right job.

Regards,
Raji

Hi Mamta,

First, check whether your company has been brought under EPF coverage. If it is covered, then look for Form 9. Verify whether all the employees currently working are being enrolled correctly if Form 9 is being maintained correctly. If it is maintained correctly, there is no point in avoiding the issuance of offer letters and appointment orders.

Most probably, you will find that there might be something wrong with Form 9. Please verify and then decide on the course of your next action.

Regards,
Thiruvelan.R

Hi Mamta,

If you are in HR, you should take this opportunity as a challenge and prepare some dummy formats to discuss with your HR Head or immediate superior in HR. Every organization maintains HR records for all employees. You can obtain the company's format of the offer letter or appointment letter from there.

If that doesn't work, send an email to all employees in the HR department and copy your company's top management. Before emailing the top management, ensure you have already informed your seniors. This way, you can provide proof if needed.

Always remember this experience when changing your job.

Regards,
Neelima

Hi,

I understand your problem. You just need to insist on your immediate boss to provide those documents. By doing so, he may offer them to you; otherwise, they will be neglected.

Thank you.

Hi,

If you are not receiving an appointment letter, you need to act swiftly regarding your next course of action. Don't waste time in an organization where your future is not secure. Inform your boss in writing that if you are not provided with an appointment letter, you will have no choice but to leave the organization.

Regards,
Rajesh Sahu

Sorry for my late reply, seniors. I checked this today only. My company is an owner-driven company, and the total manpower is 20. We are involved in development as well as consulting. I am not receiving any salary slip. I am withdrawing my salary in cash. I have only 8 months of experience. This is my first company. Even my seniors are asking for the documents, but we are not receiving any response. Now, the market situation is bad, and I am searching for a new job but not getting any calls. Should I leave the job, or should I wait?

Hi Ash Mathew,

Thanks a lot, Ash Mathew, for all your suggestions. I would like to thank all my seniors for their opinions and suggestions. I won't run; I will fight. Once I receive all my documents, I will definitely inform you all.

Thanks once again.

It sounds like a fly-by-night organization, and they are not one bit interested in your career and your future. If some others are in the same situation, be informed that your employer may be out to take you for a ride. Beware! You simply MUST NOT WORK without the appointment letter at any cost. Meet with the G.M. or the CEO, discuss the issue openly and brazenly with them, and if need be, seek the advice of a legal counsel. You have to put your foot down.